Service Level Agreement

 Uptime confirmation

Uptime confirmation
During an annual downtime of more than 1% on the server where the customer’s website is hosted, the customer will receive compensation if all of the following conditions are met:
* Customer has used the Company’s web hosting service for at least 12 months.

* Servers (s), where the Customer’s hosting account is located, receive a total downtime of more than 1% for a period of 12 months after account opening or during any 12 consecutive months.

* The reason (s) for the occurrence of the server downtime were NOT upon the Company’s influence, including but not limited to: DDoS attacks, internet problems, power outages, hardware failures, software failures and forcing major events like fire. , floods, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any external organization to perform any obligation related to server downtime, etc.

* Customer should claims for compensation within 30 days after a period of 12 months, when the period of over 1% off, has expired. The Customer will be reimbursed for the credit equal to the amount he paid for the hosting service prorated by the number of hours in which the Service was interrupted because of the downtime.

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Inodes policy

The customer is fully aware, understands, and agrees that there is an inode limit for every type of shared hosting account. The Company will no longer be able to create backup accounts once the inode limit is reached, except for disaster recovery copies reserved for internal use only. The limitations of these packages are as follows: 420 000 in Enterprise, 210 000 is the limit for one Business, and 140 000 is the Starter package limit. If that limit is reached, the customer may be asked to take action or upgrade to a more robust solution as such accounts cause a malfunction of the entire shared hosting site where he resides and affect all customers located on the same host. If the condition is not met, this may result in the account being suspended. Every single file or folder in the Customer account is counted as 1 inode unit.

Backup policy

The backup retention period for every account is 30 days.

Please note that backups are courtesy part of the service. You also need to save your own backups.

The backup copies mentioned here are for use within the Company only. Customer understands and agrees to be solely responsible for making backup copies of website and content, account related, such as email messages, SQL database, etc. The Company has no liability or obligation to create, maintain or provide any backup copy on the Customer’s website and other content.

The Customer understands and agrees that the Company will not be liable for any damages, data loss, loss of use or other loss resulting from the lack of a copy of the Customer’s website and other content or having an old backup copy of the Customer’s website and other content.

The Company is not liable for any damages caused to the data loss, including but not limited to internet connection problems, power outages, hardware failures, software failures, personal error and major events such as fires, floods, and more. natural disasters and acts of God, labour disputes, accidents, acts of war or terrorism, failure of any third party to perform any obligation, etc.

In these and all other cases, the Customer will be responsible for making and maintaining backup copies of the data outside the Company’s infrastructure, associated with the customer’s hosting account, and for recovering any lost data and information.

The Company will not be liable for the time required for the Customer to return the backup information to its host account and will not be responsible for notifying the Customer in the event that the contents of the Customer account need to be restored.

Disk space and traffic usage

The customer understands that the terms “unlimited” and “unmetered” are defined by the information obtained by the Company with the same customers or measured by industry standards and the use of the shared hosting account service available on the same server. This means that the Consumer’s use of our services may not exceed that of similarly hosted customers in a way that interferes with the global operation of the hosting site or causes any service-related problems, general copy delay or high I / O wait.

When it comes to cloud hosting packages for all the services provided as advertised on our website are assigned to the Customer account when it first arrives, first provide the basis for service availability.

What “unlimited” means?

Noditt Host (Noditt Tech Pvt. Ltd.) uses detailed and complex mechanisms to protect its Customers and programs from hasslements. Noditt Host’s provision of “unlimited” services is not intended to allow one or more Customer actions to have any unfair or adverse impact on the experience of other Customers. Please note that the Noditt Host’s hosting service is designed to host websites, But it does NOT offer unlimited online storage, backups, or archives for electronic files, documents, log files, etc., and any such use of prohibited Services will result in termination of the Registration Account, with or without notice.

Shared hosting space allows multiple Customer websites to be hosted on the same server and share server resources. The Noditt Host service is tailored to meet the general needs of small and medium businesses. It is not intended to support the ongoing need for large businesses, or unusual applications that are better suited to a dedicated server or other highly developed solution. Noditt Host will make every reasonable commercial effort to provide additional services to Subscribers who use their websites in accordance with these Terms and Conditions, which include moving subscribers to new and larger shared servers as required. However, in order to ensure consistent experience and quality for all users, Noditt Host puts automated protections to protect any single site that grows very fast and has a negative impact on the system until Noditt Host can assess the needs of a particular service and may suggest enhancements or improvements, upgrade or downgrade the hosting plans, application improvement or other forms of action, only where possible and with interest.

Customer agrees that the Services purchased by the Company are for web hosting purposes and not for storage. Storage of a large number of unencrypted or full-size digital images, both online backups of your local computer or an Internet File (FTP) hosting service Providing Distribution of content such as MP3 files or other multimedia content is strictly prohibited by the Company and will result in Customer account suspended and / or flagged for review by the Company without prior notice.

Unmetered Bandwidth

Although, shared servers are not limited to their bandwidth provision due to the nature of the shared hosting environment, and to ensure fast and reliable service to all of our customers, accounts that adversely affect server or network performance should fix these issues or be questioned. development is a very powerful solution.

MySQL / PostgreSQL / Other search engine policy

Customer understands and agrees that the use of MySQL and PostgreSQL server resources should be maintained in a way that does not compromise the quality of the overall server performance.

The Company reserves the right to determine, at its discretion, any queries that are addressed to any database that is considered sensitive. Slow queries are considered a burden, which jeopardises overall server performance. Failure to comply with this may result in a possible warning, suspension, or termination of account.

Unlimited Bandwidth

Although, shared servers are not limited to their bandwidth provision due to the nature of the shared hosting environment, and to ensure fast and reliable service to all of our customers, accounts that adversely affect server or network performance should fix these issues or be asked to upgrade their hosting to the hosting with suitable resources

MySQL / PostgreSQL / Other database engine policy

Customer understands and agrees that the use of MySQL and PostgreSQL server resources should be maintained in a way that does not compromise the quality of the overall server performance.

The Company reserves the right to determine at its discretion any queries that are addressed to any database that is considered sensitive. Slow queries are considered a burden, which jeopardises overall server performance. Failure to comply with this may result in a possible warning, suspension or termination of account.

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Proper use of MySQL / PostgreSQL resources

Customer agrees that they will not use more than 10 percent of system resources at any time, used in MySQL queries regarding the site under the account in question.

The maximum MySQL / PostgreSQL size limit for each shared hosting server is as follows: 900 MB for Enterprise package, 600 MB for Business, and 300 MB for Launcher.

Data stored in excess of the recommended size is considered sensitive, thus compromising server performance. Data stored in excess of the size specified herein is subject to suspension or permanence, termination or rotation without prior notice or Company request.

The customer is responsible for managing the database and the scripts they work with to comply with this section of the Terms of Service document.

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CPU Access Policy and Governance

Customer acknowledges and understands that the Company provides access to CPU resources in a shared manner, among all Company Customers. In order to maintain the quality of service and even ensure CPU distribution among Company Customers, each plan is designed to support a certain amount of CPU load per month.

The Company will notify the Customer in the event that his account reaches 70% of his / her monthly CPU time, in order to work with and obtain a solution / evaluation of the Customer’s needs and / or software used by the Customer. In cases where the Customer does not take steps to address CPU usage in excess of 70% of its monthly plan allocation, the Company reserves the right to limit access to CPU resources in a given account until its monthly allocation is reset. Customer therefore acknowledges and acknowledges that with limited access to shared CPU resources the proper functioning of its services with the Company may be affected. By making the best effort to communicate with the Customer within receiving 70% of the share, the Company will not be liable for any damages or losses incurred as a result of access to the integrated CPU.

The Company reserves the right to require changes or cancellations as required by any website, hosting account, email account, database, or other components that do not comply with these established policies or to make any such changes in an emergency at its discretion and without prior notice.

The Company will not be liable if any part of the Customer’s account or website does not comply with any system updates and any loss or damage arising from it. The Company reserves the right to waive any kind of liability, in the event that the provision of a provided server does not comply with any application requirements or module / component requirements. The Company cannot be held liable for any loss of opportunity, mental injury or loss of profits arising from it.

Cancellation of Services, Refund Policy, and Compensation Plan

Requests for cancellation of payments must be submitted before 11:59 AM EDT the day before the renewal date. All payments made after this period are considered non-refundable. If the Customer fails to comply with this requirement, the Company reserves the right to suspend its account until the renewal payment is received.

All Shared and Cloud Hosting packages come with a 15-day money back guarantee. For full refund the customer must provide a valid reason for showing our server problem and service issues. All upgrades are non-refundable and renewal payments are not covered by a refund guarantee.

If a free domain name is registered, in addition to canceling the hosting package at the time of refund the registration fee is reserved, the amount may vary based on domain extensions.

General Reimbursement Policy for Extra Services (Extra Services General Refund Policy)

All additional services, if not specifically stated, are subject to a specific fee, for a specific period, and for the Company ‘s Customer Service. All additional services are not subject to a refund, in the event that they are used in an account and the Customer has taken advantage of them.

Payment and Renewal Policy

The Customer understands and agrees that its services to the Company will be subject to bill on the repeated basis until the Customer notifies the Company that he or she wishes to cancel any or all of the services provided by submitting an Cancellation Claim form.

All renewal payments are not eligible for a refund and it is the sole responsibility of the Customer to ensure that their payment details are kept up to date, as well as all invoices paid on time.

Technical support policy

To the fullest extent applicable under national law and without prejudice to your rights as a consumer, all support is provided as it is and subject to the disclosure clause, warranties and limitation of liability set out in this ToS. Although we will use reasonable efforts to provide you with technical support and to perform any request you request in a timely and professional manner, we cannot guarantee the outcome you expect or that the problem may not recur. We reserve the right to refuse to provide you with technical support if your use of technical assistance exceeds that of customers, or if you insult our employees or contractors. We may refuse to make any application that requires changes that are not in accordance with the Services or are not related to it or that may pose a security risk or endanger their operation.

Telephone Support Team of Noditt Host has a limited level of access to the system so it can only help with problems within it. The highest level of access to the system is only available to employees with Technical Support tickets and therefore requires you to submit a ticket from your account. The Phone Support Team operates on business hours only. Whereas the technical support via online ticketing system will be available 24/7.

The customer can only request enhanced technical support by opening a ticket through the ticket system available in the client area. The company will not be liable for the provision of technical assistance if requested in any other way, other than in the ticket system.

Customer acknowledges that by requesting our technical representatives for technical assistance, they authorize their access and operation in the Customer hosting account, cPanel and / or Client Area. If you request technical support, you agree that we may have full access to all of the Operating features available to you based on your request. You are solely responsible for any changes you make to your account after you have completed your request. The Company cannot and will not be liable for any delays or increased costs or costs associated with the Customer’s failure to provide any such information.

The Company will do its utmost to provide the required technical support within the Customer’s timeframe and to obtain the required results for each request. The Company, however, is not responsible for completing the Technical Support requested for any deadline or for achieving any outcome.

The Company provides technical assistance to the benefit of the Customer and does not guarantee the successful outcome or outcome of any requested operation. The customer agrees to accept technical support in its sole discretion and commitment.

Customer should not abuse the ticket system. The misuse of the ticket system includes, but is not limited to, excessive number of tickets opened by a single Customer, aggressive and / or abusive behavior, etc. Any abuse of the ticketing system may result in warning, ticket system access restrictions, suspension of account or termination of a holding account that may occur without refund.

The company reserves the right to determine what constitutes a violation of the ticketing system and to spend extra money, depending on the frequency of requests. No further revenue will be generated from this document. Additional funds form the basis for the “demand” of representatives of the Company. If an additional payment for a particular service is requested, no service will be provided by the Company prior to payment of the invoice fee. Any additional fees paid by the Customer for technical support are not refundable.

Termination

Any organization may terminate this ToS with written notice to the other party if one party violates any of the terms of this ToS and the infringing party fails to remedy the violation.

You can disconnect Services at any time by using the Client Location (Cancellation Request). We will send you an email confirmation to confirm that you have completed your cancellation request. If you do not complete all the steps of the cancellation request, or if you fail to apply the cancellation request to terminate the services, the plans will not be terminated, and fees will still be charged. You must follow this process to disconnect each Service. Once you have completed the Cancellation of the Application, we will process and refund you, if applicable as stated in the Refund Guarantee.

It is important to understand that certain Services are integrated together. As a result, termination of Services that provide hosting may result in immediate termination of many aspects of the Services. We may store data from disconnected accounts for some time after the termination and give you access to that data upon request. IP addresses, space, and cache copy (including Cached Duplicate Services data) are being reused. It is your responsibility to ensure that you plan to transfer anything you need from the Services before termination.

Customer cancellation of service

All services provided by the Company may be canceled by the Customer. Only Client Applications submitted are considered valid and will be reviewed by the Company.

There are two stages of cancellation: initiating a cancellation application and confirmation of a cancellation request. The Company will proceed with the cancellation application only after it has been verified by the Technical Professionals and the reason for that. If our technical staff find cancellation as unfounded as a network problem then the cancellation request will be deemed null and void and will be deleted.

Cancellation becomes effective in accordance with the Customer’s choice of time through the cancellation process.

As soon as the cancellation goes into effect, the Customer’s account will be suspended immediately. Customer acknowledges that the Company retains a copy of the canceled account for a period not exceeding 15 (fifteen) calendar days after the commencement of cancellation. Within 15 (fifteen) days after the cancellation is effective any information or data in the account will be deleted, including canceled account, all backup copies and any other account information or data.

After the cancellation takes effect the Company will not be held liable for data loss due to suspension or termination.

Payments made to the Customer with the hosting account (s) will be reimbursed except for setup and processing fees paid during the registration process only during the Refund Period. The setup and processing costs payable when you register are not refundable.

Requests for cancellation of payments must be submitted before 11:59 AM EDT the day before the renewal date. All payments made after this period are considered non-refundable. If the Customer fails to comply with this requirement, the Company reserves the right to suspend its account until the renewal payment is received.

All shared packages and Cloud Hosting come with a 27-day money back guarantee. Empty Steel Servers, Additional Services, and Domain Names are not subject to a refund. All upgrades are non-refundable, renewal payments are not covered by a refund guarantee.

If a free domain name is registered, in addition to canceling the hosting package at the time of refund the registration fee is reserved, the amount may vary based on domain extensions.

Cancellation of service by Company

Any of the Company’s services may be canceled by the Company without prior notice and without refund in the event that the Company deems it to be honest that the Customer’s use of the Service is in breach of our Terms of Use. The company cannot be controlled for data loss once a cancellation has been made.

The Company may also cancel any of the services provided, if the Company honestly determines that this service is ineffective or ineffective for any technical, legal, trust, legal or other reason, by giving or without giving the Customer prior notice. as is logically possible.

The services used by the Customer may be canceled for any reason or not by the Company with prior 7 days notice. After 7 days the Customer Account will be terminated and the Customer will be given access to a backup copy of the Customer’s account content from the date of termination. These backup copies will be available in no more than 7 days. Upon the expiration of the 7-day period for access to the backup copy, all backup copies and any other information or data associated with the account will be deleted from the Company’s servers.

If the reason for the cancellation of the Service by the Company is different from the violation of the Terms of Use by the Customer, long-term refund will be issued by the Company for each month in which the account is paid in advance and will not be used by the Customer. The calculation of the refund will be done by multiplying the number of unused months with a prepaid monthly payment as it is the Customer payment cycle. The company will offer several options for a refund; It is still the sole responsibility of the Customer to provide the information required to obtain a refund.

Customer agrees that if the reason for the cancellation of the Company’s service is in breach of the terms of use by the Customer, refund will not be paid by the Company.

Forced Service Cancellation

Any services provided by the Company may be forcibly canceled, in the event that they are no longer available which may or may directly harm the Company’s interests.

In the event of a compulsory cancellation of a service, the Customer agrees that all hosted content, including copyright and intellectual property, is transformed into the Company’s immediate assets, which it uses to cover additional or previous costs related to the services provided thereby, by creating auction or donation.

Actions, which directly harm the Company’s best interests include, but are not limited to: refunds, fraudulent activities on behalf of the Company, false claims against Company services, agents, other Customers or partners.

Price Change

The Customer must pay the applicable fee at the time of registration / renewal date. The Company reserves the right to change prices from time to time and the Customer will be charged based on current renewal rates for the next payment cycle. The alternative applies if the Customer or such party has a written agreement with the Company’s Payment Department.

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Email Policy:

* Use of email clients with IMAP protocol is allowed in mailboxes up to 750 MB in Enterprise package, 550 MB for one business, and 350 MB for Launcher. If the use of an IMAP protocol with a larger mailbox occurs, it may be considered a risk to the whole server and stability and be marked for review and / or suspension by the Company without prior notice.

* No more than 10 simultaneous IMAP connections to hosted servers are enabled. Skipping this assignment may result in the marked service being reviewed and / or suspended by the Company without prior notice.

* The total number of email messages, sent in requests, texts, webmail or email clients, should not be more than 400 emails per hour per hosting account. If the account is found to be in excess of the above amount, it may be considered endangering the overall server performance and stability and be marked for review and / or suspension by the Company without prior notice.

The total number of email messages that can be found in all email accounts in the Customer hosting account per minute, should not exceed 80 messages per minute. If an account is found to be receiving more than 80 messages per minute, it may be suspended or its MX records redirected, in order to maintain normal server performance and stability. In addition, the total number of recipients for a single email message should not exceed 15.

The Company is not liable for any loss or damage incurred including but not limited to: email delivery failure, email loss, emails marked as spam, etc .; during or due to the expiration of the server or email service, regardless of cause, duration and duration of the specified rest period.

Customer acknowledges that the Company is unable to guarantee that any email message will be sent to or from a specific mailbox due to the type of email service and because the Internet is not owned and controlled by any legal entity. Use of the email service provided by the Company is made “as it is, as it is available” and is used at the discretion of the Customer.

Free .com Domain Policy


Domain Registration

1.1 Free Domain: With the purchase of our web hosting package, you are eligible for a free.com domain registration for the first year. This domain will be registered in your name and will remain active as long as you continue to renew your hosting subscription with us.
1.2 Non-Refundable: Once the domain is registered and linked to your hosting account, it becomes non-refundable. This means that if you choose to cancel your hosting subscription and request a refund, the price of the domain registration will be deducted from the refund amount. Domain registration fees are non-refundable due to the policies set by domain registries and the fact that domain registrations are typically purchased for a specific duration.

Refund Policy

2.1 Hosting Refunds: We offer a refund policy for our hosting services within a specified time frame. If you are not satisfied with our hosting services and wish to cancel your subscription, you may be eligible for a refund, subject to the following conditions:


Refund Eligibility: To be eligible for a refund, the cancellation request must be made within the designated refund period, which is typically within 30 days of the initial purchase date. Beyond this period, refunds may not be granted.


Pro-Rata Refunds: If you cancel your hosting subscription within the refund period, we will calculate the refund amount on a pro-rata basis, taking into account the unused portion of your hosting package.


2.2 Deduction for Domain Registration: If you received a free domain registration as part of your hosting purchase, the price of the domain will be deducted from the refund amount. This deduction reflects the non-refundable nature of domain registrations, as explained in Section 1.2.
2.3 Refund Process: To request a refund, please contact our customer support team through the designated channels provided on our website. Our team will guide you through the necessary steps and assist with the refund process.

Domain Ownership

3.1 Domain Transfer: While the domain is registered under our name initially, upon your purchase of the hosting package, the domain will be transferred to your ownership. We will facilitate the transfer process and provide you with the necessary domain management tools to maintain control and make modifications as required.
3.2 Renewal Responsibility: As the domain owner, it is your responsibility to renew the domain registration annually. Failure to renew the domain within the designated renewal period may result in the loss of the domain, and we shall not be held liable for any consequences arising from such non-renewal.


Intellectual Property Rights and Other Permissions

Noditt Host retains ownership of all intellectual property rights in systems. Noditt Host grants you a limited license to access and use the services. All trademarks, product names and company names or logos used by Prabh Host are the property of  Noditt Host or the property of their respective owners. No Privacy Policy is granted to you or your affiliate company to use any such trademarks, brand names, company names, logos or titles, and you agree that such use constitutes infringement of the copyright.

If we have not given you a license to use the software as part of the Services, you agree to obtain the appropriate licenses to use all “License Required. “Required Licenses” means any licenses, permissions or authorizations required for the use of software, software and other applications for the use of the Service. You agree to provide us with copies of the Required Licenses immediately following our written request.

You are solely responsible for the acquisition of all intellectual property rights of others, including, but not limited to, the approvals and / or other permits and authorizations required to use the words, marks or other materials used, or distributed through, Services (Objects). In the event of any dispute between you and any other person or organization regarding the Intentions, the Prosecutor reserves the right, at its discretion and without notice or liability to you, to refrain from any other use of such Items which includes, without limitation, termination. or suspend them from their computer programs and / or make appropriate representations or provide information to any relevant authority or interested party.

Warranty disclaimer

The promoter of this service rejects any warranty or condition relating to the quality, performance or performance of the services and software, or in respect of the quality or accuracy of any information obtained or obtained through the use of the software, or that the services and software will be dangerous, services and software may contain errors. No advice or information provided by Noditt Host representatives or Noditt Host includes, without limitation, subscriber support representatives, they will create a warranty. The host removes all warranties or conditions, express, implied or legal, including, without limitation, warranties of merchantability.

The customer agrees to use all services and any information obtained by the company or from the company, at his own risk. The customer agrees that the company is not in control, and does not accept responsibility, for the content of the information passing through the company’s computers, network locations and locations or the Internet.

Liability Limit

The Customer acknowledges that, to the maximum extent permitted by applicable law (if any), it will not, under any circumstances, including, but not limited to— negligence, hold the Company or its licensees, agents, employees, managers and / or third party, affected merchants liable for any indirect, hazardous, special, subsequent or punitive damages or any other including, but not limited to — damages for lost profits, cost savings, revenue, revenue, business, data or use, and any other financial losses by you or any third party party.

No matter what happens, the Company will be collectively responsible to the Customer for any breach, failure or credit claims under this document or under any document greater than the direct monthly payment by you to us prior to the old claim on such obligation. Certain authorities do not allow the limitation or termination of a legal obligation for accidental or consequential damages. The Customer agrees that in those areas, the Company’s liability will be limited to amount not greater than the exact monthly fee paid as per the hosting plan used.

Indemnification

The service using subscriber, agrees to protect, compensate and hold Noditt Host, its partners and sponsors, partners, other relevant partners and directors, officers and employees of each harmless and against any and all claims, losses, damages, liabilities and costs (including , without limitation, applicable attorneys’ fees and court costs) arising from or relating to your violation of any of these Terms or any use by you or any third party Services, unless the above is a direct result from Proto or gross negligence of the company or willful misconduct.

Monitoring and Disclosure

All activities that take place, within, and / or by the Services and any website hosted by the Noditt Host may be monitored, recorded, and monitored by any authorized person, including law enforcement. Generally, Noditt Host does not analyze and monitor its Subscriber websites or services in order to determine whether they comply with these Terms. However, whenever and in the event the Prosecutor manages any violations of these Terms, the Prosecutor may take any legal action, and in the event of an unlawful activity, he will take action, suspend or remedy such breach, including, but not limited to, closing a website, denying access through Noditt Host, and / or deleting incompatible information. In addition, the Prosecutor may take any legal action against the Registrar, sponsor, customer, invitee, guest, or guest of the Registrar for their services. Noditt Host reserves the right to take any such action although such action may affect other subscribers, sponsors, customers, invitees, guests, or visitors to the Subscribers. Noditt Host may disclose any information contained in it, including, without limitation, information about subscribers, online submissions and website activity to comply with court order, summons, summons, application for acquisition, warranty, law, law, government application, or another legal process to protect Noditt Host or others from damage, and / or to ensure the proper functioning of the Services.

Accurate Account Information

The subscriber should continue to update and maintain accurate and up-to-date contact details which is  stored in the Noditt Host to avoid termination of the subscriber(s) Noditt Host account.

Dispute Resolution and Legal Choices

This agreement shall be governed by the laws of the jurisdiction of the Nepal, whichever is applicable, without regard to the principles of conflict of law. You agree that any action relating to or arising out of this agreement shall be brought to the appropriate courts, and you thereby agree to follow the rules and law stated by the Government of Nepal.

Force majeure

You acknowledge and agree that we will not be liable for any failure or delay in performing our due duties here arising from any reason beyond our control, including but not limited to, acts of God, acts of civil or military authorities, fires, wars. , riots, earthquakes, hurricanes, typhoons and floods.

Enforcement

In the event that any provision of these Terms of Service is unenforceable or illegal under any applicable law or is thus enforceable by a valid court decision, such enforcement or non-compliance will not make this Terms of Service binding or invalid. We will amend or substantiate that principle to be effective and efficient and to achieve, as far as possible, our real intentions and purpose as set out in the original provision.

 

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